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Delaware · State edition

Delaware Medical Malpractice Settlement Calculator

Estimate a medical malpractice settlement under Delaware law. The calculator applies this jurisdiction's own comparative fault rule and damages ceilings, and every figure below is the one our verified data holds, with the statute behind it and the date we checked it.

Medical Malpractice Settlement Calculator
Enter your case details
Economic damages
What you've lost in dollars
$
$
$
$
Injury
Used to select a pain & suffering multiplier
Injury severity
Expected recovery
Case specifics
Liability & coverage
These can cap or reduce your recovery
$
Live estimate
Case #3160
Estimated Net Take-Home
$56,160
Likely range $39,312 to $78,624
Breakdown
Economic damages$64,500
Pain & suffering (×2.85)$183,825
Comparative fault (−15%)−$37,249
Coverage / policy cap−$111,076
Attorney fees (33.3%)−$33,300
Case costs−$5,500
Medical liens−$5,040
Net to client$56,160
Your case value exceeds the at-fault party's $100,000 policy limit. The estimate here is capped at that limit. Recovery above it would have to come from another source, such as another policy (including Underinsured Motorist coverage) or the at-fault party directly.
Statute of limitations in Delaware: 2 years to file this claim.
This estimate is for informational and planning purposes only. It is not legal advice, financial advice, or a guarantee of any outcome. Every case is different. Consult a licensed attorney in your state for advice specific to your situation.
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Verified state law

What Delaware law does to your claim

Four things in state law shape a malpractice claim: how long you have to file, what must happen before you file, what happens if you were partly at fault, and whether the state puts a ceiling on what a jury can award. Here is what we hold for this one.

Medical malpractice
2 years

18 Del. C. § 6856·Source retrieved 2026-07-27

Comparative fault rule
modified comparative negligence with a 51% bar

Delaware bars recovery if plaintiff is 51% or more at fault.

10 Del. C. § 8132·Source retrieved 2026-07-27

Medical malpractice non-economic damages
None on record
Medical malpractice total damages
None on record
Punitive damages
None on record
Before you file
An affidavit of merit with the complaint

The complaint must come with an affidavit of merit from an expert for each defendant, with the expert's curriculum vitae, or the clerk refuses to file it unless a motion to extend the time has been filed. 18 Del. C. § 6853(a)(1) reads: “No health-care negligence lawsuit shall be filed in this State unless the complaint is accompanied by: (1) An affidavit of merit as to each defendant signed by an expert witness, as defined in § 6854 of this title, and accompanied by a current curriculum vitae of the witness, stating that there are reasonable grounds to believe that there has been health-care medical negligence committed by each defendant. If the required affidavit does not accompany the complaint or if a motion to extend the time to file said affidavit as permitted by paragraph (a)(2) of this section has not been filed with the court, then the Prothonotary or clerk of the court shall refuse to file the complaint and it shall not be docketed with the court.” We read this section only, so it is not a complete list of what Delaware requires before a suit.

18 Del. C. § 6853(a)(1)·Last reviewed 2026-10-16

None on record means our verified data holds no figure of this kind for this state. It is not a finding that no limit could apply to your claim.

The fault rule, in dollars

What partial fault costs you in Delaware

The same claim, fracture with surgery, several months of recovery, run through the calculator above four times, with nothing changed but the share of fault assigned to the claimant. The numbers are the engine's output, not an editorial claim about what these cases are worth.

0% at fault
$83,576
25% at fault
$53,186
50% at fault
$31,632
51% at fault
$0
Barred under this rule

One case, run through the calculator above four times with only the claimant's share of fault changed, under Delaware law. No coverage ceiling is applied, because we would be inventing the at-fault party's policy. These shares illustrate the rule; they are not an estimate of your own fault.

Filing deadlines

Every Delaware deadline we hold

A claim can be more than one kind of case, and the clock is different for each. These are the Delaware periods in our verified data, with the statute behind each one. A deadline is the outside limit, never a target, and other rules can shorten it.

Personal injury
2 years

10 Del. C. § 8119·Source retrieved 2026-07-27

Open the personal injury calculator
Medical malpractice
2 years

18 Del. C. § 6856·Source retrieved 2026-07-27

Open the medical malpractice calculator
Wrongful death
2 years

10 Del. C. § 8107·Source retrieved 2026-07-27

Open the wrongful death calculator
Workers compensation
2 years

19 Del. C. § 2361·Source retrieved 2026-07-27

Open the workers compensation calculator
Slip and fall
2 years

10 Del. C. § 8119·Source retrieved 2026-07-27

Open the slip and fall calculator
Dog bite
2 years

10 Del. C. § 8119·Source retrieved 2026-07-27

Open the dog bite calculator
How this state compares

Delaware against the rest of the country

Every count below is read from our state-law data across all 51 jurisdictions, so it moves when the data does. What you will not find here is an average settlement figure: the only one we could compute is a model, and a model presented as a measurement is not a fact.

  • 24 of the 51 jurisdictions we track apply modified comparative negligence with a 51% bar, and Delaware is one of them.
  • Its 2 years to file is the same as the most common deadline in the country, which 31 jurisdictions use. Across the 51 jurisdictions the deadline for this case type runs from 1 year to 4 years.
  • We have read the official text of 26 jurisdictions' rules on what must come before a malpractice suit, and 25 of them require something: a notice to the provider, an expert's affidavit, certificate or opinion, or a review panel. Delaware is one of them.
  • 23 of the 51 jurisdictions limit medical malpractice non-economic damages in our data and Delaware is not among them, so an estimate here is not held down by a ceiling we hold.

Comparisons are drawn from the legal levers that actually move a case value, not from closed-case data, which we do not hold. See the full methodology

Delaware Medical Malpractice questions

Every document behind our state injury law figures, each linked with the date we last read it, is listed on our State Injury Law research sources page.